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Mt. Olive
Township Council Minutes
December 12, 2006
The Regular Public Meeting of the Mount Olive Township
Council was called to Order at 7:32 pm by Council President
Greenbaum with the Pledge of Allegiance.
PLEDGE OF ALLEGIANCE & MOMENT OF REFLECTION for all
those who have and continue to protect our freedoms and
our ways of life.
OPEN PUBLIC MEETINGS ACT ANNOUNCEMENT
According to the Open Public Meetings Act, adequate notice
of this meeting has been given to the Mount Olive Chronicle.
Notice has been posted at the Municipal Building, 204
Flanders-Drakestown Road, Mount Olive Township, New Jersey
and notices were sent to those requesting the same.
ROLL CALL Present: Mr. Buell, Mr. Perkins, Mr. Rattner,
Mr. Biondi, (7:45)
Mrs. Labow, Mr. Tepper, Mr. Greenbaum,
Absent: None
Also Present: David Scapicchio, Mayor; William Sohl,
Business Administrator;
John Dorsey, Township Attorney; Sherry Jenkins, CFO;
Michelle Masser, Deputy Clerk
President Greenbaum: Let the record reflect that Mr. Biondi
called. He said he might be running a little bit late due
to a family medical procedure. Let the record also reflect
this evening, we have Megan Hurley sitting here with us
tonight. She is a high school student at the Mount Olive
High School. She is doing a study on I guess its civics...
public meetings. Part of her assignment is to report back
as to the nature of what occurs here this evening. I have
asked her and she has graciously accepted to sit up on
the Dias with us and we all welcome you.
Megan Hurley: Thank you.
President Greenbaum: Feel free to participate in the meeting.
Maybe you’ll bring something that someone else misses,
just make sure that you raise your hand.
Miss Hurley: Okay.
Mrs. Masser: And speak into the microphone
President Greenbaum: Speak into the microphone Okay, before
we get to the Mayor’s Proclamation which will be
the next thing on the Agenda this evening, I see that we
have Frank Wilpert sitting in the audience and a number
of different people who I assume are here to support you.
I would like to take it out of order. Frank, there is a
motion this evening, it’s on page #5 of the Amended
Agenda to appoint Frank Wilpert as Director of Health for
a four year unexpired term, expiring 12/31/07. From my
perspective Frank, this is probably two or three years
in the making. So if we could have someone make that motion.
Mr. Perkins: So moved.
Mrs. Labow: Second.
President Greenbaum: It has been moved and seconded. Any
discussion? Roll Call please.
ROLL CALL: Passed Unanimously
President Greenbaum: Congratulations on a job well done.
Swearing in of Director of Health
Mr. Wilpert: Thank you for all your support.
Mayor Scapicchio: Frank, it was my pleasure to nominate
you.
Mayor’s Proclamation - Radon Action Month
President Greenbaum: Moving on with the agenda. Mayor
Scapicchio, there’s a Proclamation regarding radon
action month.
Mayor Scapicchio: Thank you, Mr. President. This is a
request by the New Jersey State DEP and it is radon action
month. The Proclamation is as follows:
WHEREAS, radon is a naturally occurring radioactive gas
that is the second leading cause of lung cancer, causing
as many as 500 lung cancer deaths annually in New Jersey;
and
WHEREAS, elevated radon levels are found in many homes
and pose a serious health threat to families residing in
these homes; and
WHEREAS, any home may have high levels of radon – even
if neighboring homes do not; and
WHEREAS, a significant number of homes in Mount Olive
have elevated levels of radon; and
WHEREAS, by mitigating homes with radon concentrations
at or above 4pCi/L in New Jersey, 140-250 lives are saved
annually.
NOW THEREFORE, be it proclaimed that I, David M. Scapicchio,
Mayor of Mount Olive Township do hereby proclaim December
as Radon Action Month in the Township of Mount Olive.
Mount Olive Township’s Official Position on the
Highlands Designation
President Greenbaum: Thank you. We are up to the Highlands
Master Plan discussion. We’ve asked Chuck McGroarty
to join us this evening. Chuck if you would, let me start
by saying I attended a meeting of our legislators with
respect to the Highlands Master Plan. For the life of me,
I could not figure out why anybody would sign on to the
Master Plan as it has been proposed. Why don’t you
give us a brief overview and then I would like you to discuss
the benefits if any and the detriments which I assume there
are some to Mount Olive signing onto the Master Plan as
it has been proposed. Also what options we have at this
point, in terms of modifications, proposed modifications
if any.
Mr. McGroarty: Yes, good evening. First, let me tell you.
I’ve read the plan. Although it’s several hundred
pages long and those of you who have seen it, I’m
not sure that I have fully digested the entire plan at
this point just in terms of the context and I am sure all
of you are familiar with it, in fact, we have a map leaning
against the wall over there. Mount Olive Township is entirely
within the Highlands region and according to the plan now
within the Township itself 79% of the land area or almost
16,000 acres is in the preservation area. The remaining
21% is in the planning area. The distinction as you know
is....
Mayor Scapicchio: Chuck, I am sorry, how many acres is
that again?
Mr. McGoarty: In the preservation it’s almost 16,000
rounded and the remaining 4,000 are in the Planning area.
So it’s essentially an 80 - 20 split. We have been
saying 82% according to the plan subject to further revision.
They are saying approximately 80% of the Township is preservation.
Now what this plan has done and Mr. Rattner provided us
an analysis or a summery of the plan that the County Planner
department staff did, which was very helpful. The plan
itself creates in both the preservation and planning area
overlay zones. Trying to figure out exactly what these
overlay zones will and will not allow is still...I am still
trying to work through that. Essentially, in both zones
there are these, in both areas planning and preservation,
there are three zones, and I won’t go into all the
details unless you want to have specific questions on it
because it can get very long and tedious, they divided
them up in what they call the protection zone, the conservation
zone and then the planned community/specially planned areas
zone and each of those categories has limitations imposed
on them. For general purposes for tonight’s discussion,
the protection and the conservation “zones” have
the most restrictions. It is in the planned community,
specially planned areas where there may be some opportunities.
For Mount Olive Township it’s going to take a little
bit more to figure out whether it’s a good recommendation
or what the recommendation is, I should say, would be to
the Township whether or not to fully conform with the Regional
Master Plan. Opting in was the phrase that had been used.
The benefits that go with that are clear in the plan. They
range from you get the tax benefits or the opportunity
to secure any losses that are incurred as a result of this,
if you’re participating. You get grant money to do
the planning. You get legal protection above and beyond
what you would have otherwise. I don’t know what
that’s worth. I am not sure in terms of challenges
and the like. There are a number of incentives built in
if municipalities participate, if you choose not to, that
is with respect to the planned area. If you choose not
to, I guess none of those options are available to you
and we will have to lay them out in more detail as we sort
through this. In the preservation area, you simply have
no choice. You will have to bring the Master Plan and the
town’s development regulations into conformance with
the Regional Master Plan.
Mr. McGoarty (Cont’d) Now in the case of Mount Olive,
I think many of the things that are recommended in the
plan and I must say for a Master Plan of several hundred
pages it leaves quite a bit left to be said. I mean there
is a lot of stuff that has not yet been ironed out. The
Township has a number of things already in place that the
Regional Master Plan would already recommend, steep slope
protection repair and corridor protection and so on. So
it’s not as if Mount Olive is in a position which
is diametrically opposed to some of the objectives of the
Regional Master Plan. I think what would be helpful in
this next 30 to 60 day period, I was talking to Mr. Rattner
before the meeting, we have as I understand it a 60 day
comment period which may be extended or there is an effort
to try to get that extended. In that 60 day comment period
the hearings are going to be held in January. I don’t
believe there are going to be any in December. I believe
that it’s important to focus in on some of the key
questions that the Township wants more clarification on,
what the specially planned areas or I should say the planned
community specially planned areas. What that really means,
for example, and in doing that I think we need to get some
clarification from the Highlands Council as to what...
how these overlay zones are going to actually be implemented
because if you conform with the plan, if you opt in and
participate in the plan, the Highlands Council will have
jurisdiction to review development plans and obviously
to review your Master Plan and decide whether or not you
are consistent. I think what would be particularly helpful
is to focus on some areas for example, the effort which
is now in progress, to change Planning Area 5 to Planning
Area 2. Some of the areas in Planning Area 2 or the Budd
Lake area I will say that we have identified, we have agreed
that that should be the Planning Area 2 location. A good
portion of it and let me pass this along. It’s not
the best map in the world but I will leave this with the
Council. It doesn’t distinguish between the preservation
and the planning areas. These are the maps that we downloaded
from the Highlands website and we are working to try to
clean them up and make them a little more presentable.
A good portion of the land area in the proposed Planning
Area 2 is in purple, as you will see there. I think that’s
a good thing because it’s what I think to be the
most developable of the three overlay zones is this planned
community / specially planned area. What that means is
it recognizes there’s infrastructure in place, there’s
redevelopment and new activity, new development activity
possible. There are some specific areas that are of concern.
I can mention just for example the Simmoff Track. I will
refer to it that way, or more formally, it is the Town’s
R6 zone district. That is now identified. That’s
within our planning area but that particular area is in
the protection zone. So it suggests that there are going
to be some severe limitations on it. I will note that in
the Highlands Master Plan they are now imposing a 1,000
foot buffer on vernal pools so freshwater wetlands, exceptional
resource value wetlands have 150 foot buffer, vernal pools
will have a 1,000 foot buffer and that might be why that
site is in this so called protection area. That may be
a problem, I don’t know. What we will have to, I
think, really concentrate on is making sure we don’t
get caught short in the effort to get the planning area
changed from PA 5 to 2 for this Budd Lake area and then
have the people in Trenton and people in the offices of
Smart Growth, the State Planning Commission, say you know
what we’re not sure it’s consistent with the
Highlands Master Plan now. We want to make sure that we
evaluate it, I think, in that context.
President Greenbaum: My understanding is that the Highlands
actually ignores the State Planning Area designations and
ignores the Town’s center designations that a lot
of the municipalities have already obtained. There was
just no convergance of those aspects and to the plan itself.
That seems to be what a lot of the people that I have spoken
to are griping about because they move forward on these
concepts and now the Highlands proposed Master Plan just
simply ignores all those things.
Mrs. Labow: I think what Chuck is saying, is it is going
to have the reverse effect on us. Is that correct?
Mr. McGoarty: I don’t know yet but I wouldn’t
be surprised if they do ignore it. I mean for the longest
time their motto was they were blind to the line. Perhaps
they were also blind to the law. I am not sure but they
decided that both the planning area and the preservation
area would be treated the same, even thought the act doesn’t
say that. I think in that case we need to really zero in
it seems to me... we want to evaluate the preservation
area which is the majority of the township and see what
redevelopment opportunities exist there and focus also
on the two planning areas in town, Flanders and Budd Lake
and just on that point like the Simmoff track, like the
BASF Phase II portion which you will see there, most of
the International Trade Center is in purple. The Phase
II BASF portion that 57 acres, is now in the protection
zone. Once again, I don’t know if that is going to
cause a problem when we are trying to move ahead with the
planning area changes.
President Greenbaum: What’s the timeframe in terms
of analysis in terms of moving forward, I assume that this
has to be done relatively quickly to be prepared for the
hearings as they occur.
Mr. McGoarty: Well, yes. The hearings, they say a 60 day
period for public hearing and then following that, I am
not sure. I haven’t found anywhere, quite honestly,
in the Act itself where it imposes a time limit for a public
hearing. Then there is between 9 –15 months once
the plan is adopted, once the Master Plan is actually adopted.
It has just been released. Once it’s adopted, municipalities
will have 9 –15 months to come in to compliance and
to make decisions whether to conform or not.
Mr. McGoarty (Cont’d) I think in this next 60 day
period which is less than 60 at this point now, I think
the focus should be for the first week of January or the
second week if you will, to have a series of questions
and perhaps even policy statements by the municipality
to the Highlands Council saying we want clarification on
these issues and we disagree with these other points or
perhaps in some cases there might be some agreement. I
will just mention another thing. In the preservation area,
which is again, that’s key because it’s so
important to Mount Olive Township, again, there are these
three zones as you can have a chance to look at that map.
You will see most of the preservation area in Mount Olive
is either in the protection zone or the conservation zone.
If you look down for example at the corridor, Route 206
commercial corridor, down in Flanders, there is some purple
and some green if you will. So that means there’s
some planned...in recognition that there is some development
already in place but if I read the map correctly any vacant
parts along 206 are excluded suggesting that that’s
not suitable for redevelopment. The important point here
is that in the proposed Master Plan or in the Master Plan,
it’s saying...actually this comes from the Act itself.
It says that within a preservation area, in those two zones
the protection and the conservation zone you can only redevelop,
at least the way I read it, it says you can have redevelopment
in two circumstances, contaminated sites such as the landfill,
brownfields or what they are calling greyfields, which
is a site that has 70% of impervious coverage or more.
I think the problem is what if the question becomes what
is a site? If a site, it’s not defined in the Act
and it’s not defined in the Master Plan and the concern
here is if you go down that commercial corridor of 206
and you say this parcel is a site, this lot whatever is
a site, the Township will have difficulty promoting redevelopment
activity along the commercial corridor. We were hoping
that based on some earlier conversations with the Highlands
people that they would draw a linear kind of redevelopment
zone, if you will, down places like 206 which would make
more sense. What’s going to happen here is I think
there’s very few... well there’s probably a
handful of sites in Mount Olive that are 70% of impervious
coverage or more. Most sites, obviously the zoning doesn’t
permit that level of coverage so they would have to be
some old industrial areas or perhaps the shopping centers
or whatever. It’s going to be key, I think, to go
back to the Highlands Council and say we need to....we
are not happy... you know the act said site but it didn’t
say what a site is? Maybe there is some flexibility and
room for some creativity there to say, if it’s a
redevelopment possibility, it should be more than just
parcel by parcel. I don’t know if we are going to
get anywhere with that but both 206 and 46, the commercial
corridors, that’s going to be I think a very key
focus of our attention.
President Greenbaum: What I would like to do Chuck, is
to create and ad hoc committee of Councilmen and a member
of the Administration and yourself to move forward with
this project and I would suggest that Mr. Rattner would
be the appropriate person, with respect to Council and
to develop at least the consensus as to where we are going
and bring it back to Council as a recommendation of the
ad hoc committee. I think if you bring more than three
people into it, we probably could spend two days just discussing
what the Act itself means. I think that the time limitations
require action and it requires some recommendations from
the people...from us in terms of where we are going with
this and what happens if we don’t adopt a Master
Plan and what questions we can ask that will help us to
understand exactly the issues that you discussed here tonight.
Is there anyone else on Council who has any questions or
issues on this, this evening?
Mr. Rattner: Mr. McGroarty touched on it, besides attending
the meeting. I also attended a meeting held by Jack Schrier
last week to discuss his concerns and concerns of selected
different people. One thing he did ask because he’s
already talked to the Governor, he’s asking the County
and he is asking every municipality within the Highlands
region to request a bare minimum of a 30 day extension
of this public hearing. One of the problems is that, you
know it is an incomplete report which makes it very hard
to read because there are pieces that are actually missing
that are referenced. Even more than that is that the underlying
GIS data is not available. At least it wasn’t available
last Thursday. It’s really hard to do an analysis
when you’re talking about specific areas without
having that. So he suggested that everybody and if they
get enough support that way, he’s pretty sure that
there’s got to be reasonable and the Governor will
back down. We think the dates are because of the Governor’s
directive a couple of months ago when he appeared at the
Highlands Council meeting. I believe in the draft, they
actually have the dates in there, right?
Mr. McGoarty: You know what, I haven’t found a date.
The only place I saw it, was in a newspaper article and
then I called the Highlands and I was told 60 days.
Mr. Rattner: From 60 to 90, minimum.
Mr. McGoarty: I don’t see anything anywhere.
Mr. Buell: They indicated specifically 60 days period,
and they’ve scheduled the four hearings.
Mr. Sohl: Mr. Rattner and him provided a copy of the draft
Master Plan review that was done by Anthony Serrano and
in that he indicated that the 60 days run from November
30th to January 30th.
Mr. McGoarty: Yeah, that would be the release of the Master
Plan. The problem is you know, so that 60 day time period
has already started from the day they released it.
President Greenbaum: Mr. Dorsey....
Mr. Dorsey: Yes.
RESOLUTION OF THE TOWNSHIP COUNCIL
TOWNSHIP OF MOUNT OLIVE REQUESTING AND ENDORSING NOT LESS
THAN A THIRTY DAY EXTENSION OF THE PUBLIC HEARING RELATIVE
TO THE HIGHLANDS MASTER PLAN
WHEREAS, the Township of Mount Olive has been deeply encumbered
by way of
the Highlands Legislation and now by the proposed Highlands
Regional Master Plan and,
WHEREAS, the details of this plan, which at this point
is still an incomplete plan,
were only revealed approximately two weeks ago and in
accordance with the schedule put
forth by the Highlands Commission the final public hearing
is to occur on January 30, 2007
and,
WHEREAS, it would appear clear to the Township Council
and indeed clear too
many other elected officials, that the public hearing
scheduled for January 30th is simply too
soon. And would not permit reasonable study and analysis
of the plan, which at this point
according to Mr. Rattner is an incomplete plan, and will
hardly provide to the various public
entities that are faced with this challenge, an opportunity
to study and make intelligent
recommendations and comments on the plan.
NOW THEREFORE BE IT RESOLVED, by the Township Council
Township of
Mount Olive for the reasons set forth above that it respectfully
requests that the public
hearing in connection with this matter be extended for
not less than thirty days from the date
already set at January 30, 2007 and,
BE IT FURTHER RESOLVED, that a copy of this resolution
be forwarded to all of
the elected representatives of Morris County representing
any part of Morris County,
Governor and to the Highland Commission.
President Greenbaum: Moved by Mr. Perkins.
Mr. Perkins: So moved.
Mrs. Labow: Second.
President Greenbaum: Any discussion from the audience?
Any discussion from Council? Roll Call on that resolution
please.
ROLL CALL: Passed Unanimously
President Greenbaum: Chuck, I am going to ask that Steve
contact you to set up however you’re going to attack
what it is that the Township needs to attack. Mayor, I
would ask that you appoint somebody from the Administration
whether it’s Catherine or Mr. Sohl, to act on behalf
of the Administration in terms of moving this needed debate
forward. Thank you very much Chuck.
Mr. McGoarty: Thank you.
Mr. Rattner: I just want to say two things. One thing
that came up that disturbed me greatly at the hearing is
with the TDR’s, the Transfer of Developmental Rights.
What it appears, because you know that the Highlands boarder
lines is on the other side of Andover from us which means
that a lot of Sussex County and Warren is out of the Highlands.
Actually, at the meeting, they actually had the representative
from Newton who’s looking for as many as they can
take. So one of the comments that I did have is that it
makes a lot of sense, you’re going to move the development
out of Mount Olive west, so all the traffic can come back
through Mount Olive and with the requirements, if isn’t
the Highlands it’s then the Smart Growth the planning
area where we can’t make the road improvements, yet
you have all the detriments. That’s one thing that
I want everyone to think about and how we want to do that
and that’s real. They actually had Newton there saying
we will take all your
TDR’s you want to give us because they want to build
high rises I guess because Newton isn’t that big.
The other thing which came up, in fact, Mimi Letts couldn’t
understand it, that we could be in the Highlands Preservation
Zone but still be in PA 5 which means you still can’t
do anything. The fact is that there is no coordination
between any of the departments in the State. Early on when
the Highlands Council first started there was supposed
to be a memorandum of understanding between the office
of Smart Growth and the Highlands Council to say that they
would work together or at least in unison so at least they
won’t step on each other’s toes. That hasn’t
happened and it doesn’t look like it is going to
happen. So right now if you have an issue in the Highlands
and its also within the planning area, you have to go to
each one individually and it appears that none of the departments,
DOT and a couple of others that were mentioned. The one
disturbing thing is that memorandum of understanding was
a requirement on the front end to make sure that everybody
was working toward the same goal. The only thing they have
used, and it has been documented, is that they are using
the same faulty scientific data. If we find problems in
the planning area which we found in the cross acceptance,
the same data was used in the Highlands and yet if you
want to correct it you have to go to both units, so you
have to do double the work. It would be interesting if
one agrees with you and the other one doesn’t. Those
are two big issues that I don’t know how they’re
going to be resolved. One, if all the developments west
and north of us come through town because we know most
of our traffic growth in the last ten years is not from
new housing in Mount Olive its from people coming through
all the way from Pennsylvania but we have to put up with
it. The other is the fact that there hasn’t been
any push and there hasn’t been any leadership in
Trenton to force that letter, that memorandum of understanding
to say that the Smart Growth people, the office of Smart
Growth and the Highlands and the other environmental and
DEP departments should work together for one good plan.
Thank you.
President Greenbaum: Thank you, any other comments? Thank
you very much Chuck. We always appreciate your help on
all these planning...these very difficult planning issues.
Mr. McGroarty: Thank you.
President Greenbaum: Did you have anything you wanted
to add on the Highlands discussion Megan?
Miss Hurley: No I didn’t.
Questions on Bill List?
President Greenbaum: We are up to questions on the Bill
List. Are there any questions on the Bill List which were
not identified previously which anyone wants to raise at
the present time? Seeing none, we will move on.
APPROVAL OF MINUTES OF PREVIOUS MEETINGS
Nov. 21, 2006 CS
Present: Mr. Buell, Mrs. Labow, Mr. Tepper, Mr. Greenbaum,
Mr. Rattner, Mr. Perkins &
Absent: Mr. Biondi
Nov. 21, 2006 Special PM
Present: Mr. Buell, Mr. Perkins, Mr. Rattner, Mr. Greenbaum,
Mrs. Labow, Mr. Tepper,
Absent: Mr. Biondi
Dec. 5, 2006 CS
Present: Mr. Buell, Mrs. Labow, Mr. Biondi, Mr. Greenbaum,
Mr. Rattner, Mr. Perkins &
Absent: Mr. Tepper
President Greenbaum: We are up to approval of Minutes
of prior meetings. Mr. Tepper do you want to move the three
set of Minutes on the Amended Agenda please.
Mr. Tepper: Yes, Mr. President. I would like to make a
motion to approve the meeting Minutes of November 21,
2006 CS, November 21, 2006 Special PM, December 5, 2006
CS.
Mr. Perkins: Second.
President Greenbaum: Moved and seconded. Are there any
changes, deletions, additions? Roll Call please.
ROLL CALL: Passed Unanimously with the exception, Mr.
Tepper abstained on December 5, 2006
Mr. Biondi, abstained on November 21, 2006 CS, November 21, 2006 Special PM
CORRESPONDENCE
LETTERS FROM RESIDENTS / ORGANIZATIONS
1. Letter of Resignation received December 4, 2006, from
Nick Geiger regarding the Zoning Board of Adjustment.
MUA / HMUA / MSA
2. Letter received December 4, 2006, from the Sussex County
MUA regarding FY 2007 Rate Schedule Effective December
1, 2006.
3. Minutes of the November 1, 2006, meeting received December
8, 2006, from Musconetcong Sewerage Authority.
RESOLUTIONS / ORDINANCES / CORRESPONDENCE OTHER TOWNS
4. Two Ordinances received November 27, 2006, from Washington
Township regarding Land Use.
5. Resolution received November 27, 2007, from the Morris
County Board of Chosen Freeholders regarding Pearl Harbor
Day.
6. Resolution received December 1, 2006, from the Borough
of Rockaway regarding increasing of fees for non profit
organizations conducting legalized games of chance.
7. Letter received December 1, 2006, from the Borough
of Roselle requesting regional contribution funding under
the regulations of the New Jersey Council on Affordable
Housing.
8. Notice received December 4, 2006, from the Township
of Chester regarding a Board of Adjustment Public Hearing
(Pleasant Hill Road).
9. Resolution received December 7, 2006, from the Township
of Pequannock supporting the verification of sanitary sewer
service area approval under the Highlands Master Plan.
LEAGUE OF MUNICIPALITIES
10. Letter received December 8, 2006, from the New Jersey
State League of Municipalities regarding League Conference
audio recordings.
11. Application form received December 8, 2006, the from
New Jersey State League of Municipalities regarding Fire – Labor
Contract Data Service Subscription.
MORRIS COUNTY
12. Letter received November 27, 2006, from the Morris
County Board of Chosen Freeholders regarding Municipal
Reorganization Meeting.
13. Letter received November 30, 2006, from the Morris
County Board of Chosen Freeholders regarding the Silver
Spring Extension.
14. Letter received November 30, 2006, from the Morris
County Board of Chosen Freeholders regarding Mount Olive
Township’s Black Brook Greenway Application.
15. Letter received December 4, 2006, from the Morris
County Soil Conservation District regarding Annual Conservation
Poster Contest.
16. E-mail received December 7, 2006, from the Morris
County Citizen Connect regarding County News.
DOT / DEP / LOI / HIGHLANDS
17. Letter received November 27, 2006, from Glasson Environmental
regarding application for General Permit Authorization
for 95 Mount Olive Road, Block 7600, Lot 68.
18. Application received November 27, 2006, from Glasson
Environmental regarding Application for Freshwater Wetlands
Permit Authorization for 95 Mount Olive Road, Lot 7600,
Lot 68.
19. Letter received November 27, 2006, from the State
of New Jersey, Department of Environmental Protection regarding
Final Hazardous Waste Facility Permit for Veolia Technical
Solutions, LLC Block 4500, Lot 37 (1 Eden Lane)
20. Letter received December 1, 2006, from the State of
New Jersey, Department of Environmental Protection regarding
Notice of Deficiency for Shell Service Station, 208 Route
206 & Flanders Road.
DCA
21. E-mail received November 27, 2006, from the Department
of Community Affairs regarding printing of tax bills, Local
Finance Notice 2006-21, Cooperative Purchasing Opportunity,
Capital Needs Assessment, New and Improved SHARE Program,
CY Cost of Living Allowance Rate, Office of Smart Growth,
NJ Housing Affordability Service and Cost for Elections.
22. Letter received December 6, 2006, from State of New
Jersey, Department of Environmental Protection regarding
Authorization for Freshwater Wetlands Statewide General
Permit No. 25 Applicant: Leonardo Molina Block 7600, Lot
62 (117 Mount Olive Road).
MISCELLANEOUS
23. Information received December 7, 2006, from ARC /
Morris regarding the Fall 2006 Issue of Touchstone.
UTILITIES
24. Fax received November 27, 2006, from Comcast regarding
rate adjustments.
25. Letter received November 29, 2006, from Comcast regarding
rate changes for customers served by Comcast of Northwest
New Jersey, LLC.
26. Letter received November 29, 2006, from Jersey Central
Power and Light regarding Wetlands General Permit Municipal
Notification 2007, Vegetation Maintenance Activities.
27. Fax received December 1, 2006, from Comcast regarding
Sports Programming.
President Greenbaum: There are 27 pieces of correspondence
on the amended agenda this evening. Does anyone who wishes
to discuss any particular piece of correspondence? Seeing
none, we will move on.
ORDINANCE FOR PUBLIC HEARING –None
ORDINANCES FOR FIRST READING - 2nd reading January 9 or
16? 2007
President Greenbaum: There are no ordinances for public
hearing tonight. There are two ordinances for first reading.
Megan if you will, it’s to determine whether or not
there is enough Council support to move forward with those
ordinances at this time, which would then require that
the ordinances be published and that a date be set for
public hearing on the particular ordinances. The first
ordinance for first reading this evening, second reading
to be either January 9th or 16th. Do we know which it’s
going to be? Is the 9th a public meeting?
Mrs. Masser: We haven’t set the schedule for January
yet. We will know after tomorrow.
President Greenbaum: Okay, we don’t know which it
is gong to be. It will be the first public meeting after
the reorg meeting of January 2, 2006. The first ordinance
is Ord. #35-2006 entitled:
Ord. #35-2006 An Ordinance of the Township of Mount Olive,
County of Morris, and State of New Jersey to Supplement
Chapter 102, Documents, Fees for Copies of, Article II,
Open Public Records Fees, with the Addition of Sections
102-9, “Failure to Provide Information” and
102-10, “Violations and Penalties”
President Greenbaum: Before we get there. Mr. Dorsey can
we introduce first reading and then adopt the subsequent
year?
Mr. Dorsey: That is, generally things have changed over
the last four years. It’s generally accepted that
you can do that now particularly in Mount Olive where you
will not have any change in the Council...this year.
President Greenbaum: Okay, so then we can have it for
first reading?
Mr. Dorsey: Yes.
President Greenbaum: I would ask Mr. Buell, to please
move that ordinance for first reading.
Mr. Buell: Thank you. I move that Ordinance #35-2006 be
introduced by title, and passed on first reading, and that
a meeting be held on January 9th or 16th, 2007 at 7:30
p.m. at the Municipal Building, 204 Flanders-Drakestown
Road, Mount Olive, New Jersey, for public hearing, consideration
of second reading and passage of said Ordinance, and that
the Clerk be directed to publish, post and make available
said Ordinance in accordance with the requirements of the
law.
President Greenbaum: Is there a second?
Mrs. Labow: Second.
President Greenbaum: Moved and seconded. Any discussion?
Roll Call please.
ROLL CALL: Passed Unanimously
President Greenbaum: Next ordinance for first reading
is Ord. #36-2006 entitled:
Ord. #36-2006 An Ordinance of the Township of Mount Olive,
County of Morris, and State of New Jersey to Amend Chapter
8, Committees and Boards, Article XI, Public Library Board
of Trustees.
President Greenbaum: This is to correct our particular
ordinance to be consistent with the State Statute. Mr.
Biondi, could you please move that?
Mr. Biondi: Mr. President, I move that Ordinance #36-2006
be introduced by title, and passed on first reading, and
that a meeting be held on January 9th or 16th, 2007 at
7:30 p.m. at the Municipal Building, 204 Flanders-Drakestown
Road, Mount Olive, New Jersey, for public hearing, consideration
of second reading and passage of said Ordinance, and that
the Clerk be directed to publish, post and make available
said Ordinance in accordance with the requirements of the
law.
Mrs. Labow: Second.
President Greenbaum: Moved and seconded. Any discussion?
Roll Call please.
ROLL CALL: Passed Unanimously
CONSENT RESOLUTIONS AGENDA:
Resolutions on the Consent Agenda List are considered
to be routine and non-controversial by the Township Council
and will be approved by one motion (one vote). There will
be no separate discussion or debate on each of these resolutions
except for the possibility of brief clarifying statements
that may be offered. If one or more Council member requests,
any individual resolution on the Consent Agenda may be
removed from the Consent Agenda List and acted on separately.
CONSENT RESOLUTIONS
1. Resolution of the Township Council of the Township
of Mount Olive Authorizing an Extension of Time to January
2, 2008 Under the Developer’s Agreement with Rachel
Manor .
2. Resolution of the Township Council of the Township
of Mount Olive Authorizing a Resolution of the Tax Appeals
Filed by AIG Baker Mount Olive, LLC.
3. Resolution of the Township Council of the Township
of Mount Olive Authorizing a Resolution of the Tax Appeals
filed by Segal Realty Associates Relative to Lot 4 Block
102, 100 Route 46 for the Years 2005 and 2006.
4. Resolution of the Township Council of the Township
of Mount Olive Authorizing the Mayor to Execute an Agreement
with the Morris County Municipal Utilities Authority for
Transporting, Accepting, Processing and Marketing Mount
Olive Township’s Recyclable Materials.
5. Resolution of the Township Council of the Township
of Mount Olive Providing for the Transfer of 2006 Budget
Appropriations in the Current Fund Budget.
6. Resolution of the Township Council of the Township
of Mount Olive Authorizing an Emergency Appropriation in
the Water Utility Fund.
7. Resolution of the Township Council of the Township
of Mount Olive Opposing the Increase of Fees for Organizations
Conducting Legalized Games of Chance.
8. Resolution of the Township Council of the Township
of Mount Olive Authorizing the Acceptance of an Enhanced
911 Grant.
9. Resolution of the Township Council of the Township
of Mount Olive Authorizing 2006 Capital Budget Amendment.
10. Resolution of the Township Council of the Township
of Mount Olive Authorizing a Grant Application to the National
Recreation & Trails Program.
11. Resolution of the Township Council of the Township
of Mount Olive Authorizing a Professional Services Agreement
between the Township and Dorsey & Semrau for Legal
Services.
President Greenbaum: We are up to the Consent Resolutions
Agenda. Megan, the difference between resolutions and ordinances,
Ordinances are laws of the Township. Resolutions are actions
of the Council. There are many different forms of actions
which would be embodied in a resolution, such as the resolution
that Mr. Dorsey just read into the record in terms of asking
for extended time or maybe it may be for approval of different
administrative functions that the Mayor asks us to do.
Mr. Dorsey: Mr. Greenbaum will be administrating a test
to you Megan after this.
Mr. Biondi: Also, to you who laughed in the audience.
You’re getting one too.
President Greenbaum: Does anyone on the Council wish to
have any of the resolutions on the Consent Resolutions
Agenda removed to the Non Consent Resolutions Agenda? Seeing
none, I would ask that Mrs. Labow please move the Consent
Resolutions Agenda.
Mrs. Labow: I would like to move the Consent Resolutions
Agenda for approval items #1-11.
Mr. Perkins: Second.
PUBLIC PORTION ON CONSENT RESOLUTIONS
President Greenbaum: Moved and seconded. Is there any
discussion from the public on the Consent Resolutions Agenda?
Seeing none.
COUNCIL COMMENTS ON CONSENT RESOLUTIONS
President Greenbaum: Are there any Council discussions?
Roll Call please.
ROLL CALL: Passed Unanimously with the exception Mr. Greenbaum
abstained on #11.
RESOLUTIONS NON CONSENT
President Greenbaum: Okay we are up to the Non Consent
Resolutions Agenda. The first item on the Non Consent Resolutions
Agenda is:
12. Resolution of the Township Council of the Township
of Mount Olive Endorsing Assembly Bill
No. A961.
President Greenbaum: This is a Resolution which former
Mayor Paul Licitra requested that we do whatever we could.
It involves a health issue. I am sure everyone has had
time to review it. Mr. Buell, do you want to move that
please?
Mr. Buell: I move Resolution #12.
President Greenbaum: Is there a second?
Mrs. Labow: Second.
President Greenbaum: Moved and seconded.
PUBLIC PORTION ON INDIVIDUAL RESOLUTIONS
President Greenbaum: Is there anyone from the public who
wishes to be heard? Seeing none.
COUNCIL COMMENTS ON INDIVIDUAL RESOLUTIONS
President Greenbaum: Any Councilmember who wishes to be
heard? Roll Call please.
ROLL CALL: Passed Unanimously
Mr. Dorsey: These two can be moved together because they
both deal with...
President Greenbaum: Does anyone have a problem with moving
the next two together? Mr. Rattner, you want them separated?
Mr. Rattner: Yes, I would like them separated.
President Greenbaum: The next resolution is:
13. Resolution Authorizing a Change order for R & R
Construction Co., Inc.
President Greenbaum: Mr. Tepper, can you move that please?
Mr. Tepper: I move Resolution #13 for approval.
President Greenbaum: Is there a second?
Mr. Perkins: Second.
President Greenbaum: Moved and seconded. Is there anyone
from the public, who wishes to be heard on this resolution?
Seeing none. Any Council discussion? Roll Call please.
ROLL CALL: Passed Unanimously
President Greenbaum: The next resolution on the Non Consent
Resolutions Agenda is:
14. Resolution of the Township Council of the Township
of Mount Olive Approving a Change order to the Contract
between the Township of Mount Olive and Suburban Consulting
Engineers, Inc.
President Greenbaum: Mr. Rattner could you move that please?
Mr. Rattner: So moved.
Mr. Perkins: Second.
President Greenbaum: Moved and seconded. Is there any
discussion from the public? Seeing none, Mr. Rattner.
Mr. Rattner: I don’t know why we are rushing this
through. I understand about Resolution #13 that was something
that happened in the field, we were polled. I guess the
Administration appropriately contacted the Council President,
who made sure there was approval. It just happened to be
they hit some rock and so they didn’t have to stop
construction and they could bring in the extra equipment.
The second resolution is for a change order for Suburban
Consulting. With all the issues we have had with the public
works building, I am not prepared to pass on something
that this is the first time that I saw it. I don’t
suspect that there is anything inappropriate but we get
a letter on December 8th requesting a change order and
here it is four days later, that we are requesting to have
the change order. We have another public meeting next week.
I don’t see any problem in putting it off until then,
so if there is any questions or we can look at the total
budget.
President Greenbaum: Bill, unless there is any reason
why this can’t be moved to the 19th I would ask that
it be put on for the 19th so that anyone sitting up here
may be able to digest....
Mayor Scapicchio: We have no problem with that at all.
President Greenbaum: Okay, then I’m going to ask
Mr. Rattner to withdraw his motion and also to whoever
seconded it.
Mr. Rattner: I withdraw the motion.
Mr. Perkins: Second.
MOTIONS
1. Consent to the Mayor’s appointments
Frank Wilpert, Director of Health, 4 year unexpired term
expiring 12/31/07
Philip Maenza, Municipal Judge, 3 year unexpired term expiring
12/31/08
Brian Mason, Prosecutor, 1 year unexpired term expiring
12/31/06.
Marshall Gates, Public Defender, 1 year unexpired term expiring 12/31/06
Eugene Buczynski, Township Engineer 2 year unexpired term expiring 12/31/07
President Greenbaum: Very good. Then we are up to motions.
We’ve already had a motion with respect to Frank
Wilpert. I would ask that some one please move Phil Maenza,
Municipal Judge, 3 year unexpired term expiring 12/31/08.
Mr. Biondi: So moved.
President Greenbaum: Is there a second?
Mrs. Labow: Second.
President Greenbaum: Any discussion? Roll Call please.
ROLL CALL: Passed Unanimously
President Greenbaum: The next motion is for Brian Mason,
as Prosecutor. It’s a 1 year unexpired term expiring
12/31/06. I would ask someone to move that.
Mr. Perkins: So moved.
Mrs. Labow: Second.
President Greenbaum: Moved and seconded any discussion?
Roll Call please.
ROLL CALL: Passed Unanimously
President Greenbaum: Next is a motion for Marshall Gates,
as Public Defender, 1 year unexpired term expiring 12/31/06.
Mr. Rattner: So moved.
Mr. Perkins: Second.
President Greenbaum: Moved and seconded any discussion?
Roll Call please.
ROLL CALL: Passed Unanimously
President Greenbaum: That last motion that I have with
respect to the Mayoral Appointments is Eugene Buczynski,
Township Engineer 2 year unexpired term expiring 12/31/07
Mr. Biondi: So moved.
Mr. Perkins: Second.
President Greenbaum: Moved and seconded any discussion?
Roll Call please.
ROLL CALL: Passed Unanimously
Mayor Scapicchio: Mr. President, could you just explain
what we just did with these appointments please.
President Greenbaum: These were all appointments that
these individuals were either holdovers.... they were all
holdovers in positions. The former Mayor did not put anybody
up in these positions. These are people who were in the
positions prior to the Mayor coming into office and /or
people that the Mayor had appointed but did not re-appoint
and at this point it’s my understanding that the
Administration is just trying to clear up all of the appointments
that were left outstanding at the time that this new Administration
took over the helm in early November 2006.
Mr. Dorsey: I think it should be pointed out that this
Administration is an important thing because all these
people from the engineer to the public defender etc. play
very important rolls in Mount Olive municipal government
and the former Mayor left them all in very precarious situations.
To my knowledge, all of them continued to serve and serve
the Township well notwithstanding that he left a cloud
over their particular positions. The one perhaps who had
the greatest cloud over him was Mr. Wilpert and that’s
the one that the Mayor first resolved this evening. It’s
very good to clarify these people so that they have the
status they should within the organization.
President Greenbaum: Thank you very much.
Mayor Scapicchio: I would like to thank Council also.
President Greenbaum: Thank you.
2. Bill List.
President Greenbaum: Mr. Rattner, do you want to move
the Bill List?
Mr. Rattner: Thank you Mr. President. I move the Bill
List 18 pages $321, 997.20.
Mr. Perkins: Second.
President Greenbaum: Moved and seconded any discussion?
Roll Call please.
ROLL CALL: Passed Unanimously
ADMINISTRATIVE MATTERS
Library Board Report
Status of Library Grant Monies to be Turned Over to Twp.
President Greenbaum: Under Administrative Matters we have
the Library Report but I understand that we had given direction
to Mr. Dorsey in term of contacting the architect and what
result did we have John?
Mr. Dorsey: This is the result I had. I immediately wrote
to Dennis Kowal the architect and two days later I had
a call from Larry Powers who is an attorney out of Morristown,
whom I recognize because he was involved in some of the
litigation involving Turkey Brook Park. He advised me very
specifically that the architect had signed off and that
that certification had been sent to the attorney for the
Library...whoever that is? The name escapes me at the moment.
To the best of my knowledge that issue has been resolved...
Bill have you heard anything?
Mayor Scapicchio: We have a Library Board meeting tomorrow
evening and we will find out all of the details then. Hopefully
at that same meeting the new board members are going to
authorize the Director of the Public Library to release
the funds that has been sent to her that need to be reimbursed
back to the municipality.
Mr. Dorsey: Mayor, just in case, when you go to the meeting
tomorrow night and nobody seems to have the certification
from the attorney, it should be in the hands of the Library’s
attorney, whomever they appointed to deal with the litigation
and if they don’t have it, let me know and I will
immediately make a call to Larry Powers.
Mayor Scapicchio: I will do that.
President Greenbaum: I would like a report on the 19th
as to what’s happening with respect to the additional
funds that the State has not yet turned over and I think
that is where the architectural sign off was even more
particularly relevant. Alright, in terms of the Library
Board report, the Library is meeting tomorrow evening at
7:00 is that correct?
Mayor Scapicchio: Yes.
President Greenbaum: Okay, is there anything additional
on the Library at this point in time?
Mayor Scapicchio: Not at this point.
President Greenbaum: Thank you very much Mr. Dorsey. It’s
another job well done on behalf of the Township. Any other
Administrative matters that need to be raised this evening,
Mr. Sohl or Mayor Scapicchio?
Mayor Scapicchio: No, other than I think that Steve’s
request to move the additional change order for Suburban
was appropriate and I actually think that we can probably....we
will address that for the 2007 budget, that the DPW building
is going to be a priority of my Administration in terms
of completing that project, so we can certainly address
that change order through those discussions.
President Greenbaum: Okay. Megan do you have any questions
for the Mayor or the Business Administrator at this point
in time?
Miss Hurley: No I don’t.
OLD BUSINESS
President Greenbaum: We are up to Old Business. Any old
business?
NEW BUSINESS
President Greenbaum: Any New Business? We will start with
Mr. Tepper.
Mr. Tepper: In light of the recent Supreme Court decision
regarding condemnation or eminent domain for open space,
I hope that we are planning on re-addressing acquisition
of the open space and specifically with the ARD property
since there is a tax appeal, I hope that we utilize the
purchase price to be the amount they are asking for in
their tax appeal.
President Greenbaum: We have listed it for executive session
discussion on the 19th. I have already spoken to Mr.
Dorsey to fully prepare a briefing for us as to the import
of that decision. I have already received a memo from
Mr. Dorsey on that subject. I would ask Mr. Dorsey to
contact or perhaps the Administration to contact Mr.
Krauser’s office to determine where we are going
in terms of a dollar amount for our discussion with respect
to Morris Chase so we can appropriately discuss whether
or not the Township is in a position.....Mr. Buell did
you have something on that issue?
Mr. Buell: Yes. I was wondering if we could invite the
School Board or a representative of the School Board to
attend that Executive Session with us.
Mr. Dorsey: I think we should do one thing here. I think
all of these discussions relative to this specific piece
of property should held in executive session. Obviously,
you understand the reasons for that and I would not discuss
it further. I think you have to have your own executive
session and if you then wish to bring in the Board of Education,
I think you would do that subsequent. You are now getting
involved, and it appears seriously, in an area that is
clearly litigation and would clearly end up in some kind
of a court challenge. So it should all be done in executive
session for understandable reasons.
President Greenbaum: Right, which does not include the
Board of Education. Mayor did you have something?
Mayor Scapicchio: No, I will do it at closing. It wasn’t
related to this.
President Greenbaum: I am not sure I am going to give
you the opportunity to speak this evening. Okay, then Mr.
Rattner was next under New Business.
Mr. Rattner: There have been a lot of bills that were
put in the Assembly and Senate in the last couple of days,
a lot of them by our legislators, Bucco, Merkt, DeCroce,
Littell. They won’t go anywhere but some of them
were interesting. One that would provide for reduced sales
tax if your town is.....sales taxes you can charge if you
are primarily in the preservation zone letting the Highlands
be the Board of Adjustment but there were two that I thought
were interesting. One thing I think Mr. Buell you will
be real excited about and that was
A-3742 requires certain municipalities to regionalize a
percentage of municipal services by 2008. It’s part
of the redesign of the way the State does business. Basically,
what it says....and it is interesting. It’s only
for towns less than 20,000 so there are six or seven of
them in Morris County. With that, it means all the other
towns have to come up with some joint services, at least
a plan, by the end of the 2007 budget year. I thought that
was interesting. I got the bill out, just the idea that
some of the people that you talk to say this is coming
maybe you should get on the band wagon early. It’s
only a three page bill, very very plain, that you have
to start a plan showing how you are going to do it to reduce
costs. The other and it has to do with the marginal road
presentation that we got a month or two ago, you know,
service roads? There actually was a bill entered
A-3640 which revises the State Access Management Act and
this is something that the State has been moving toward
and it is to reduce the driveways on state highways, you
know the access on. This bill basically says if you’re
going to generate more than 200 vehicle trips you’re
not going to get any DOT permits. Now this is only a bill
putting in but this is where they want to go and we have
had that issue in town before where we have been denied,
Rita’s, even with the car wash where they refused
to have any new access. That may force the fact at looking
at marginal roads, they are looking at both safety and
throughput on existing travel lanes without adding any
new ones. That was just something that I thought was interesting.
I don’t know if it is going anywhere but it has been
introduced by McKeon.
President Greenbaum: Thank you, Mrs. Labow you had some
new business?
Mrs. Labow: Yes. I have three quick items. Number 1, I
just wanted to talk about a luncheon that Mr. Sohl and
I went to yesterday at the Veolia Company Environmental
Services over on...
Mr. Sohl: Eden Lane.
Mrs. Labow: Eden Lane... yes thank you. Eden Lane and
what that was all about actually was they had applied to
OSHA for a VPP program which is Voluntary Protection Programs.
From the best, we could ascertain Monday... yesterday,
they are the first company in Morris County to receive
this award, Star Award, from OSHA and there is only a little
over 100 in New York and New Jersey and I would like to
invite them some time in January when its appropriate for
us and for them to come and receive a resolution, presented
to them by Council because it was really quite an accomplishment
to be able to do that. Perhaps Mayor Scapicchio...you would
like to do a Proclamation for them as well?
Mayor Scapicchio: Yes.
Mrs. Labow: What do you think first... I still didn’t
find out when our public meetings are. The next thing I
wanted to bring up, I saw Morris County Freeholders now
have on their website, where you can have a... it’s
a citizen alert email thing that they have going on. You
can just click on the link and sign up for it and they
will send you, periodically, updates on all of the activities
that are going on in Morris County. I would like to know
if there is some way we could have something like that
added on to our Township website, so that we can have our
residents who can register to be on that email distribution
list and we can start sending out emails to our residents
which would be quite a savings as far as sending out mailers
and so on and so forth. If we could start to formulate
some sort of email data base to communicate with the residents.
Last but not least, I don’t know if anybody read
the Municipalities magazine that we got last week? Burlington
County, they had 11 municipalities all total joined together
for a solid waste interlocal agreement and in two years
time, in just having their solid waste removal together
with 11 communities saved 35% of their budget, totaling
$650,000. I think that is again, going off what Steve before,
I think that is something we really need to look to in
January, February and March. Hopefully it won’t take
too much longer than that. I guess we will first bring
it up with the Solid Waste Advisory Committee which Mr.
Tepper used to be the liaison to.
Mr. Tepper: I would be very happy to hand it to you.
Mrs. Labow: Thank you, that’s it.
President Greenbaum: Any other new business.
LEGAL MATTERS
Mr. Dorsey: Yes, I would just mention, especially since
we have some students here, that we have been pursuing
the issue of the juveniles who burned down the Muelbauer
building almost from the moment the fire stopped. Mr. Sohl
appeared in the court proceedings before Judge Dangler,
I believe it was and obtained an order from the court which
included a requirement that the four juveniles compensate
the Township, at least in part for $30,000. The actual
value should been up around $40,000 but I am afraid Marchione
initially under estimated it. However, I have now pursued
the matter and I have three homeowner insurance companies
who have stepped up to the plate and have tentatively agreed
to pay 25% each of that $30,000 amount. I was able to send
to them today, I believe what will be... I hope will be
from their standpoint satisfactory proof of loss with a
value put together by Krauser together with pictures before
and after the burning and the finding by construction code
official that the building ultimately had to be demolished.
So I am hopeful by the first of the year we will begin
to get some checks to compensate the Township. There is
one homeowner whose homeowner’s policy insurer has
not responded and I will have to pursue that matter separately.
President Greenbaum: Thank you, Mr. Biondi.
Mr. Biondi: Just a comment on that legal matter. I think
once this is finalized and we have the money we have to
make this public and we have to go to the paper put it
out there for everybody in Town to see that we are not
playing games. These kids and their parents have to be
held responsible after we get the money obviously.
Mrs. Labow: I just saw yesterday, two days ago on the
back of the Best Western Hotel on the Elizabeth Lane side,
there’s graffiti all over...a part of the wall. It’s
like.....
Mr. Rattner: Isn’t that in your neighborhood, were
you out that night?
Mrs. Labow: No, I was home.
President Greenbaum: Any other new business? Any other
items under legal matters?
COUNCIL REPORTS
Recreation Liaison Report
Mr. Biondi: There was no meeting this month. It was cancelled
for lack of interest. We will pick it up...
Mrs. Labow: Lack of interest?
Mr. Biondi: She called me and said there was a lack of
interest, there was no meeting. We will pick it up in January.
President Greenbaum: Everyone was busy doing other things.
Mr. Biondi: I’m sure.
Board of Health Report
Mrs. Labow: We meet the 20th.
Planning Board Report
Mr. Tepper: Meet Thursday.
Board of Adjustment Liaison Report
Mr. Perkins: Next week.
Mr. Dorsey: Mr. Perkins, the one thing we have to look
forward to here is the case of Ternberry where there was...
I suspected there was going to be adverse decision requiring
the Township to buy those lots. The court apparently has
given the Board of Adjustment at least from my standpoint,
another opportunity to justify the denial of those variances.
So somehow, you have to stay on top of that now because
we don’t want to be placed in a position where the
Township has to buy those lots which will be the position
if the Board of Adjustment doesn’t properly document
its denial.
Mr. Perkins: Having that matter brought before me, Mr.
Dorsey, I believe two months previous. I had subsequent
to that discussion had a meeting with the Zoning Board
Chair as well as Mr. Cavanaugh. They feel that they have
heard everything that there is. No other testimony that
could possibly be brought forward would change the board
opinion and they are not inclined to rehear it. Now obviously,
I am very well aware of where the area is and what we would
need to do. That has been a drainage area problem up there
for a long time. I am not sure where we go. You and I have
not had a full discussion yet. I would like the opportunity
to speak with you in private more about this matter.
Mr. Dorsey: Yes, I think we may have to discuss it with
the attorney for the Board of Adjustment because I kind
of think the order Judge Bozonelis signed kind of requires
the Board of Adjustment.....I am not saying that they
change their position. They have to be able to document
their decision in terms of the Township’s Land
Use Code.
Open Space Committee Report
Mrs. Labow: Yes, we met last night and can’t talk
about most of what we talked about because things need
to be finalized. Other than that, I did find out that for
next year any grants that we want to apply for, for Open
Space, we are going to be limited to one. In the past we
have been able to make a couple of applications and next
year there is only one, as the funding is limited and that
is about the size of it.
Legislative Committee Report
Mr. Biondi: We are waiting for a response from the DOT
on the changes that were made by the Mount Olive Police
Department to the speed limits on 206. Number two we have
a tentative appointment with....as soon as she gets over
her e coli battle... to do some other things on 206. Specifically,
the light going up to the High School, all that lighting
needs to be changed, timing wise because it is a nightmare.
So as soon as she comes back from her illness....
President Greenbaum: Who is she?
Mr. Biondi: Kristie Petrides, who works directly with
Guy Gregg who has been very instrumental helping us with
this thing. We will be meeting with her and the Chief and
Scott VanNess.
President Greenbaum: She ate at Taco Bell?
Mr. Biondi: Yes she did, as a matter of fact. They have
been absolved from what I understand but she did eat...
President Greenbaum: In Succasunna?
Mr. Biondi: I don’t know which one but she has been
out for about two weeks.
President Greenbaum: I know they closed that store.
Mr. Biondi: They all reopened today.
Pride Committee Liaison Report
Mr. Perkins: No report.
Board of Education Liaison Report
Mr. Buell: Yes, they met last night. On a happy note they’ve
acquired the JCC parking area to add additional parking
spaces. They now have 194 parking spaces for their seniors
but they still don’t have enough, so that is an issue.
On another note, the Board of Education actually passed
a resolution last night approving a $92,500 insurance bill
or a repair to the Mountainview School, to the gym floor
which was damaged whatever on Thanksgiving weekend. They
claim it was a result of the water main pressure problem
that was created at Clover Hill. They also discussed the
issue that many of them had heard that other residents
in town, I think Mr. Biondi and some of his people around
him indicated damage to their places as well. I contacted
or sent Bill Sohl an email last night informing him of
this. I sent you all a copy of it and again the issue is
not that but one of the concerns that I have is that we
had no idea that this claim has been made. Unfortunately,
the high school has not communicated to us that this damage
was created and we have a liability they think, in this
process. It just shows a very strong weakness in terms
of the communication between our Administration and the
High School....the School Administration in terms of coordinating
this. It has blown up in the last three years and I think
it is something that we really need to work on in terms
of closing that gap. When Bill called, Lynn Jones who is
the assistant business administrator, today he knew nothing
about this $92,500 claim or the damage that had been created
or the fact the School Board felt that it is our fault
or our water systems fault.
Mayor Scapicchio: Lynn Jones wasn’t aware of it?
Mr. Buell: No, Lynn Jones was aware of it but Bill Sohl
and we weren’t aware of it until today.
Mayor Scapicchio: Understood.
Mr. Biondi: I think some of us were aware...I was aware
of the damage anyway in my neighbor because it was a direct
result of the painting of the water tower and the changing
of the pressures and this that and the other thing. I knew
that that floor had gotten damaged a lot. I have two neighbors
that will ultimately have claims. One lost the whole down
stairs bathroom because the pipes burst. I had Tim Quinn
in the middle of that so he is aware of it.
President Greenbaum: Does the contractor have liability
as well John?
Mr. Dorsey: He has to have...well it all depends. Somebody
has to go in with some scientific knowledge and determine
exactly what caused it. I know why the Administration wouldn’t
hear about this. They wouldn’t hear about this because
the School Board is going to do exactly what they should
have done, and that is to turn to their insurers. They’re
entitled to collect first party insurance....insured under
their own policies. Now the question becomes whether or
not their insurance companies will subrogate or attempt
to subrogate against the Township. That’s when we
will have to get into the issue whether or not we have
liability.
President Greenbaum: And the contractor as well.
Mr. Dorsey: Yes.
President Greenbaum: Okay. Well Mr. Buell’s point,
I think should be well taken by the Administration. Perhaps
a letter should be sent from the Administration to the
School Board indicating that we are prepared to open up
the lines of communication when issues arise which affect
both the Township and the School Board so that everyone
is equally prepared to move forward on those issues.
Mr. Sohl: We have no problem doing that.
Mr. Dorsey: But don’t indicate any responsibility
for this.
Mr. Sohl: We’ve already had at least a recent discussion
with Mountainview School. I think her roll is assistant
something at Mountainview.
Mr. Buell: I was not aware of Lynn’s roll.
Lake/Environment Issues Committee
Mr. Rattner: Just something strange happened, ice formed
on the lake over the weekend some of it is still there.
Safety Committee Liaison
Mr. Perkins: No meeting.
Finance Committee Report
Mr. Rattner: Yes, I actually have something to report.
It’s mainly due because we have a new Administration.
We have our first meeting set in a long time for next week,
a week from today. The meeting is going to meet the Mayor
and discuss what he sees as issues and what he would like
to see done. I think this shows that things are moving
ahead and we will probably get something accomplished this
year.
Economic Development Committee Report
Mr. Rattner: Nothing to report.
Solid Waste Advisory Committee Report
Mr. Tepper: Nothing to report.
PUBLIC PORTION
President Greenbaum: Is there anyone from the public who
wishes to be heard? Mr. McDonnell, if you would be so kind
and come up to the podium and state your name and address
for the record.
Ned McDonnell, Budd Lake: Ordinance #36-2006. I think
there is an unclear sentence in the wording. It’s
in the underlying portion. Upon the expiration of the term
of office of any trustee, the Mayor or other Chief executive
officer ofmMunicipality, shall appoint a citizen for a
term of five years in the same manor as the original appointment
was made. I would think that you would want to strike out, “for
a term of five years.” You would appoint in the same
manner as the original appointment. For the term five years
seems.....
Mr. Tepper: The term is five years and rotates through,
so your point is taken. I think you’re saying they
don’t get five additional years. They get the balance
of that existing five year term.
Mr. McDonnell: No. Not a vacancy where somebody resigned.
This is where the expiration of the term, the next citizen...by
this meaning, every time a term expired, it would be a
five year term that’s re-appointed.
President Greenbaum: That’s what it is.
Mr. Tepper: That’s correct.
Mr. McDonnell: So eventually, everybody will be five year
terms?
President Greenbaum: No, they’re staggered.
Mr. Tepper: He’s right, they’re all five year
terms but they are all staggered across.
Mr. McDonnell: Above it, it says for terms of 1, 2, and
3, 4 and 5 Years.
Mrs. Labow: That is when it first...that is when they
began it.
Mr. McDonnell: One of these doesn’t match.
President Greenbaum: Ned, they’re all five year
terms. One expires each year, they were originally staggered.
When the board was set up there was an appointment for...it
was set up in a manner, where one expires every year and
they‘re all five year terms.
Mr. Biondi: Was that taken from the State Statute?
President Greenbaum: I assume it was.
Mr. Biondi: I would think so.
Mrs. Labow: Ned, when it first began, Ned, so that everybody
would have five year terms. They would have X amount of
people would expire one year and another one with two years,
three years and then after the first year. The first one
would expire and then get five year, two years later that
person would then get five years and that is how you set
up your staggering process so you don’t lose the
whole board every year. That is what that first line means.
Mr. Tepper: It’s just very confusing.
President Greenbaum: They are all intended to have five
year terms.
Mr. McDonnell: I don’t argue the point that they
are all five year terms. What I am arguing is it is very
unclear when it says the appointments shall be for terms
of 1, 2, 3, 4, and 5 years. Now how can you appoint someone
for a term of one year?
President Greenbaum: Its original appointments when the
board is set up. I understand what you are saying...
Mr. Dorsey: It was initially set up. We are way beyond
that point in time now.
President Greenbaum: All that Ned is arguing is that the
ordinance as it is being proposed is not clear not that
it’s not appropriate.
Mr. McDonnell: Absolutely, it just seems a little gobble
de goop, that’s all.
Mr. Dorsey: We will work on it.
Mr. McDonnell: Thank you.
President Greenbaum: Anyone else from the public? Seeing
none, I close it to the public.
COUNCIL COMMENTS
President Greenbaum: We are up to final comments. Megan
did you have anything this evening that you wanted to add?
Mayor Scapicchio: I did. One thing Mr. President.
President Greenbaum: I am not up to you....
Miss Hurley: Did you think they said Mayor?
Mayor Scapicchio: I thought he said Mayor.
Miss Hurley: Okay.
Mr. Biondi: Nothing personal but she’s a little
prettier than you are. We will let her go first.
Mayor Scapicchio: I agree.
President Greenbaum: Megan did you have anything that
you wanted to add this evening in closing.
Megan Hurley: No, I do not but I just have a quick question.
I don’t if this is....why do you take roll after
all of those motions?
Mr. Dorsey: The answer to that is there must be a recorded
vote. Each individual member of the Council, those are
the only people that are entitled to vote. Their aye or
nay or abstentions must be recorded. That’s a statutory
requirement or you don’t know what the ultimate vote
is. Everything tonight was unanimous as far as I can remember.
Often times there are split votes. There are people with
abstentions so that is why everyone is called on individually
to state whether it is aye, nay, or abstention.
Megan Hurley: Okay, thank you.
President Greenbaum: Bill, did you have anything you wanted
to add tonight?
Mr. Sohl: No.
President Greenbaum: Mr. Tepper........Mayor, did you
have something you wanted to add this evening?
Mayor Scapicchio: One thing Mr. President, thank you.
I don’t know if Councilmembers have been receiving
phone calls but over the past week I have received probably
15 to 20 phone calls and or emails from people that live
on Woodbine and the area neighborhoods related to Toll
Brothers and Morris Chase with the construction activity
starting early, traffic going down streets where it’s
not supposed to. Gene Buczynski has been in that loop and
has responded in a very timely manor. I think the police
are also now aware of paying attention to potential speeding
from workers in those areas. I have been told by Gene that
the traffic through that development should halt within
the next two weeks and all the traffic to and from that
development should come in from Flanders Road.
President Greenbaum: Thank you, is that it Mayor?
Mayor Scapicchio: Yes.
President Greenbaum: You sure?
Mayor Scapicchio: Yes.
President Greenbaum: Okay, Mr. Tepper.
Mr. Tepper: I have no comment thank you.
Mr. Buell: None.
Mr. Biondi: Nothing.
Mrs. Labow: None.
Mr. Perkins: Thank you, Mr. President. I just have a few...
Mrs. Labow: Oh, you have a comment?
Mr. Perkins: Yes I do.
Mrs. Labow: Okay, I will pay attention.
Mr. Perkins: I doubt that Colleen. Just a couple things,
Mr. President. Thank you very much. As Chair of the Santa
house project for the Kiwanis, I would like to thank the
Administration especially for the outstanding contributions
and help by both the DPW and the Police. There had been
some concern of traffic safety in that area last year by
most of the members of the Kiwanis. We had decided to try
to shut down the road for a short duration. That now has
become, not necessary we did affect some of the businesses.
The decision was made to leave that road opened. The DPW
and the Police had responded appropriately. Mr. Mayor and
Mr. Sohl, I want to thank you on behalf of the Kiwanis
for that. With regard to both the water pressure issue
and the utility asset evaluation that we have been discussing
previously, I will again offer any assistance to the Administration,
my 30 some odd years in the water industry I can be a benefit
there especially in light of what has just happened with
the pressure issue. I might be able to shed quite a bit
of light on that especially in light of having faced those
same problems myself over the years. Thank you Mr. President.
Mayor Scapicchio: Thank you Ray.
Mr. Rattner: Two quick things. Mayor, last week when Gene
Buczynski was here, he said to make him aware of the traffic.
R & R it seems to be primarily them, are sending a
lot of heavy trucks up and down Goldmine Road. They are
supposed to come in but they are supposed to come in from
the industrial part. They have some sort of agreement with
opening the gate and they are constantly coming up because
it is easier. If you could just let him know. I mean it’s
not a real big problem. It’s just that it is tearing
up the road.
Mayor Scapicchio: I haven’t heard any complaints
from Goldmine Road residents.
Mr. Rattner: Yeah, we don’t complain too much.
Mayor Scapicchio: Okay.
Mr. Rattner: They will just come over to me but anyway,
it’s not a real big issue but he said let him know,
the trucks aren’t supposed to be coming down and
they do have a different access from Goldmine Road. The
other thing is that we all got a memo from Kathy Murphy
about community development grants and I saw that it says
that the Administration if you have any ideas by the 15th
which is the end of the week. They did change the policy
that every town can only put in one application. They stated
the reason being is, that too many towns were putting in
too many applications and they weren’t always real
good. They figured lets just put in and see what sticks.
It was an interesting vote. It was very very close, a lot
of the different towns, it seemed like most of towns in
western Morris County liked the idea of multiple. The ones
eastern and central did not. The other is that does not
include non-profits. Non-profits that are within, solely
within a town have to be counted as a town application.
If you serve more than just the town and there were some
examples in the memo, then they can have their own application
stand on its own. I did bring up to the fact to the committee
before the vote, I said most rescue squads, fire department
they serve more than just communities. Mutual aid agreements,
they do go back and forth, they cover other towns. I got
a nebulous response. If they don’t just serve a town,
then your okay. I mean Kathy thinks they know what the
intent is but maybe it is something that we have to think
about looking at the applications we have anyway because
I don’t have any problem bringing that forward and
saying it was exactly the way it was explained but we have
to get that in. The last thing for our Jewish residents,
have a happy and joyous Hanukkah week which starts this
Sabbath.....
Mrs. Labow: Saturday the 16th.
Mr. Biondi: Saturday.
Mr. Rattner: See that’s what happened. You have
your Christian calendar, it’s Friday night.
Mr. Tepper: It’s Friday.
Mr. Rattner: On the Jewish calendar the days from sundown
to sundown. Anyway Happy Hanukkah everybody.
President Greenbaum: I will close with the final comment.
Megan, while we joked around a bit here tonight we do appreciate
and we are honored by the fact that you decided to join
us and participate in our meeting and we certainly would
open that up to any of our high school students who have
an interest or an assignment related to municipal government.
To the extent that it would add to your presentation, I
am sure there are a number of Council people who would
come and speak to your class if the teacher was so interested.
It’s something that we have done in the past and
I know there are a number of people up here who just love
to talk.
Mr. Biondi: You mean she’s not coming back every
week?
President Greenbaum: No, this is a one timer. Mayor, did
you have something?
Mayor Scapicchio: Rob, I just wanted to add on that note.
I have had discussions with Noreen Risko and I have a meeting
with her tomorrow. You may or may not recall, there used
to be a student government day where students were assigned
to the elected officials for the day and the meeting that
evening. That hasn’t happened in the past three years.
We are now going to start that again.
President Greenbaum: Oh god, help the student that gets
Rattner.
Mr. Rattner: One year they gave me three because I was
so popular.
President Greenbaum: Probably because they can only listen
to you talk for so long they had to split it up.
Mrs. Labow: They had to take turns.
Mayor Scapicchio: My suggestion to Noreen was that we
try to set that up on a day when we have some activity
in terms of subcommittee meetings, possibly going on in
Town hall and then a public meeting or a workshop or whatever
it may be.
President Greenbaum: That sounds good. Motion to adjourn.
Mr. Biondi: So moved.
Mrs. Labow: Second.
AYE
ADJOURNMENT
Motion was made and seconded, all in favor and none opposed,
the meeting was adjourned at 8:49 pm.
_______________________________
Robert J. Greenbaum, Council President
I, LISA M. LASHWAY, Township Clerk of the Township of Mount
Olive do hereby certify that the foregoing Minutes is
a true and correct copy of the Minutes approved at a
legally convened meeting of the Mount Olive
Township Council duly held on January 9, 2007.
_____________________________
Lisa M. Lashway, Township Clerk
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